Citation NR: 9612143
Decision Date: 05/03/96 Archive Date: 05/16/96
DOCKET NO. 94-20 637 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Buffalo,
New York
THE ISSUE
Entitlement to service connection for dental trauma.
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
Sharon M. Peace, Associate Counsel
REMAND
The veteran had active duty from March 1951 to March 1953.
To ensure that VA has met its duty to assist the appellant in
developing the facts pertinent to the claim, the case is
REMANDED to the regional office (RO) for the following
development:
1. The RO should obtain the names and
addresses of all dental care providers
who treated the veteran for any condition
since service. After securing the
necessary release, the RO should obtain
these records.
2. The veteran should be afforded a VA
dental examination to determine whether
he has a dental condition or disability
related to trauma. The claims folder
should be made available to the examiner
for review before the examination. The
examiner should consider the dental
records, particularly those from service,
and offer an opinion as to whether it is
at least as likely as not that the
veteran now has a dental condition or
disability resulting from trauma in
service.
Thereafter, the case should be returned to the Board, if in
order. The Board intimates no opinion as to the ultimate
outcome of this case. The appellant need take no action
unless otherwise notified.
J. E. DAY
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1995).
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